TERMS OF USE

1. WEBSITE TERMS OF USE

This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our website: www.farmsanctuarysa.org (our site), whether as a guest or a registered user. Please read these terms of use carefully before you start to use the site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.

a. Information about usOur sites are operated by Farm Sanctuary SA Trust (“We”). We are registered in South Africa as a Charitable Trust and Public Benefit Organisation 930050953 - IT000996/2015 and have our registered office and main address in Franschhoek, South Africa.

b. Accessing our siteAccess toour site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

When using our site, you must comply with the provisions of our Acceptable Use Policy (see Acceptable Use Policy below). You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.

c. Intellectual property rightsWe are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organization to material posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.

You must not use any part of the materials on our site for commercial purposes without obtaining a license to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Images of people or places displayed on our site are either the property of, or used with permission by us. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these terms of use or specific permission provided elsewhere on our site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

d. Reliance on information postedCommentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.

e. Our site changes regularlyWe aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

f. Our liabilityThe material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

• All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
• Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
• loss of income or revenue; • loss of business;
• loss of profits or contracts;
• loss of anticipated savings;
• loss of data;
• loss of goodwill; • wasted management or office time; and any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

g. Information about you and your visit to our siteWe process information about you in accordance with our Privacy Policy (see Privacy Policy below) By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

h. Transactions concluded through our siteWe may from time to time allow for the ability to conclude transactions for the supply of goods or services or information through our site. Contracts for the supply of goods or services or information formed through our site or as a result of visits made by you shall be governed by our terms and conditions of supply which you shall be separately detailed to you when relevant prior to the conclusion of any such transaction.

i. Uploading material to our siteWe may from time to time provide a feature that allows you to upload material to our site, or to make contact with other users of our site, if you make use of such feature then you must comply with the content standards set out in our Acceptable Use Policy (see Acceptable Use Policy below). You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.

Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.

We have the right to remove any material or posting you make on our site.

j. Viruses, hacking and other offencesYou must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

k. Linking to our siteYou may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy (see Acceptable Use Policy below).

If you wish to make any use of material on our site other than that set out above, please address your request to info@farmsanctuarysa.org.

l. Links from our siteWhere our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

m. Jurisdiction and applicable lawThe English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These terms of use are governed by South African law.

n. Trade marks The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on our site are registered and unregistered Trademarks of ours and others. Nothing contained on our Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on our Site without our written permission or the written permission of such third party that may own the Trademarks displayed on our Site. Your misuse of the Trademarks displayed on our Site, or any other content on our Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that we will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

o. VariationsWe may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

p. Your concerns and sending us material If you have any concerns about material which appears on our site, please contact info@farmsanctuarysa.org. While we are always happy to hear from you, it is our policy not to accept or consider creative materials, ideas, or suggestions other than those we specifically request. This is to avoid any misunderstandings if your ideas are similar to those we have developed independently. Therefore we must request that you do not send to us any original creative materials such as music, lyrics, songs, screenplays, stories, original artwork, etc. Any communication or material you do transmit to our Site by electronic mail or otherwise will be treated as non-confidential and non-proprietary. Anything you transmit or post may be used by us or our affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, we are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to our Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.

These Terms of Use were last updated on: 07 November 2015.

2. WEBSITE ACCEPTABLE USE POLICY

This Acceptable Use Policy sets out the terms between you and us under which you may access our website; www.farmsanctuarysa.org (our site). This Acceptable Use Policy applies to all users of, and visitors to, our site. Your use of our site means that you accept, and agree to abide by, all the policies in this Acceptable Use Policy, which supplement our Terms of Website Use (see Terms of Website Use above).

Our site is operated by Farm Sanctuary SA Trust (we or us). We are registered in South Africa as a Charitable Trust and Public Benefit Organisation 930050953 - IT000996/2015 and we have our registered office and main address Dirkie Uys Street, Franschhoek, South Africa.

a. Prohibited usesYou may use our site only for lawful purposes.

You may not use our site:
• In any way that breaches any applicable local, national or international law or regulation.
• In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect. • For the purpose of harming or attempting to harm minors in any way. • To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (see below)
• To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
• To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:
• Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our Terms of Website Use (see Terms of Website Use above).
• Not to access without authority, interfere with, damage or disrupt:
• any part of our site;
• any equipment or network on which our site is stored;
• any software used in the provision of our site; or • any equipment or network or software owned or used by any third party.

b. Interactive ServicesWe may from time to time provide interactive services on our site, including, without limitation:
• Chat rooms.
• Bulletin boards. (interactive services). Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical). We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

c. Content standards These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it.

You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.

Contributions must:
• Be accurate (where they state facts).
• Be genuinely held (where they state opinions).
• Comply with applicable law in South Africa and in any country from which they are posted. Contributions must not: • Contain any material which is defamatory of any person.
• Contain any material which is obscene, offensive, hateful or inflammatory.
• Promote sexually explicit material.
• Promote violence.
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringe any copyright, database right or trade mark of any other person.
• Be likely to deceive any person.
• Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
• Promote any illegal activity.
• Be threatening, abuse or invade another´s privacy, or cause annoyance, inconvenience or needless anxiety.
• Be likely to harass, upset, embarrass, alarm or annoy any other person.
• Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
• Give the impression that they emanate from us, if this is not the case.
• Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

d. Suspensions and terminationWe will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this Acceptable Use Policy constitutes a material breach of the Terms of Website Use upon which you are permitted to use our site, and may result in our taking all or any of the following actions:

• Immediate, temporary or permanent withdrawal of your right to use our site.
• Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
• Issue of a warning to you.
• Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
• Further legal action against you.
• Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

e. Changes to the acceptable use policyWe may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this Acceptable Use Policy may also be superseded by provisions or notices published elsewhere on our site.

3. Privacy policy and cookie notice Farm Sanctuary SA (“We”) are committed to protecting and respecting your privacy. This policy (together with our Terms of Website Use and any other documents referred to on it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.

a. Information we may collect form you We may collect and process the following data about you:

i. Information that you provide when you register to become a user or otherwise fill in forms on our site www.farmsanctuarysa.org (our site). This includes information provided at the time of registering to use our site, subscribing to our service, posting material or requesting further services. We may also ask you for information when you enter a competition or promotion and when you report a problem with our site. ii. If you contact us, we may keep a record of that correspondence. iii. We or our agents on our behalf may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.iii. We or our agents on our behalf may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them. iv. Details of any transactions you carry out through our site and of the fulfillment of your orders. v. Details of your visits to our site including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access.vi. Over time you may provide or we will ask you to provide additional information which will extend your personal profile so we can increase our ability to ensure relevance of any messaging. You may choose to provide additional information to help this process.

b. IP addresses and cookies We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual.

For the same reason, we may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer’s hard drive. They help us to improve our site and to deliver a better and more personalised service.

They enable us:

i. To estimate our audience size and usage pattern. ii. To store information about your preferences, and so allow us to customise our site according to your individual interests. iii. To speed up your searches. iv. To recognise you when you return to our site. You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of our site. Unless you have adjusted your browser setting so that it will refuse cookies, our system may issue cookies when you log on to our site.

On our site we currently use cookies to enable CMS logins, the ‘Share this’ widget, comments on posts, and the use of forms on the site. We also use the Google Analytics cookie and so we can understand from analytics how users visit and interact with the site.

c. Where we store your personal data The data that we collect from you may be transferred to, and stored at, a destination outside the South African Economic Area (”SAEA”). It may also be processed by staff operating outside the SAEA who work for us or for one of our suppliers. Such staff maybe engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will endeavour to take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.

Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

d. Uses made of the informationWe use information held about you in the following ways: i. To ensure that content from our site is presented in the most effective manner for you and for your computer. ii. To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes. iii. To carry out our obligations arising from any contracts entered into between you and us. iv. To allow you to participate in interactive features of our service, when you choose to do so. v. To notify you about changes to our service. We may also use your data to provide you with information about goods and services which may be of interest to you and we or they may contact you about these.

e. Disclosure of your informationWe may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries.

We may disclose your personal information to third parties: i. In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
ii. If Farm SanctuarySA or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets. iii. If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of use and other agreements; or to protect the rights, property, or safety of Farm SanctuarySA, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

f. Your rightsYou have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data.

Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

g. Internet awareness Whenever you voluntarily post personal information in public areas, like journals, web-blogs, reviews, message boards, and forums, you should be aware that this information can be accessed by the public and can in turn be used by others to send you unsolicited communications. Please exercise discretion in deciding what information you disclose.

h. MinorsOur policy is to request that “Minors” (the age of Minors is determined by local laws where you reside) do not make purchases or engage in other legal acts on this site without the consent of a parent or legal acts on this site without the consent of a parent or legal guardian, unless permitted by applicable local law.

i. Changes to our privacy policy and cookie noticeAny changes we may make to our privacy policy & cookie notice in the future will be posted on this page and, where appropriate, notified to you by e-mail.

j. ContactIf you have any questions, comments or requests regarding this privacy policy, the practices of this website or your dealings with this website you can contact us by emailing info@farmsanctuarysa.org.